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0 14th Street ZVAR20-0011 Packet (Gray) ZVAR20-0015 in CDCITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO. ZVAR20-0011 Request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street). LOCATION Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (0 14th Street) APPLICANT Adam Gray DATE July 14, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS The applicant is Adam Gray of FaverGray Homes, the owner of the lot and the future builder of a new single family home. The currently vacant lot is zoned Residential Single Family (RS-1), and is adjacent to the Residential Single Family (RS-2) zoning district. These zoning districts are very similar with the only difference between the two being the required side yard setbacks; RS-1 requires a setback of 7.5 feet on each side while RS-2 requires a total of 15 feet with a minimum of 5 feet on either side (i.e. 5’ on one side & 10’ on the other). The lot currently has 25 protected trees on it. The large majority of these trees are located along the eastern edge of the lot. The applicant has already received an approved tree removal permit in preparation of the new house. However, in an attempt to preserve additional trees, the applicant is requesting a variance from the required side yard setbacks of RS-1 (7.5 feet each side) to construct a new house that would have side yard setbacks of 5 feet on the west side and 10 feet on the east side. In other words, the applicant would like to use the required side yard setbacks of the RS-2 zoning district. The applicant estimates that, by shifting the house 2.5 feet to the west, they will be able to save 3 oak trees and 2 palm trees that would otherwise need to be removed. In addition, the applicant has expressed that this will also increase the survival chances of several palm trees that have already been marked for preservation already. To summarize, the applicant is requesting this variance as he believes it could save the following trees from removal (see site plan on next page): -9” Laurel Oak, 12” Laurel Oak, 13” Live Oak, 18” Palm, 15” Palm, & 15” Palm Page 2 of 3 ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Page 3 of 3 Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant states that the current zoning for said lot is 7.5 feet side yard setbacks. FaverGray Homes is requesting a variance for 5 and 10 foot setbacks. The hope is to reduce the need to remove trees for the already approved tree removal permit in order to save existing trees that would have otherwise been removed. We feel shifting the proposed building could save some of the trees. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0011, request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR20-0011, request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street) upon finding this request is not consistent with the definition of a variance. Request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet ZVAR20-0011 0 14th St (vacant lot) Site Context and Details Currently vacant lot New single family home planned for construction Site Context and Details Property is zoned RS-1, adjacent to RS-2 RS-1 side setbacks: 7.5’ each side RS-2 side setbacks: 15’ combined, with a minimum of 5’ on either side (i.e. 10’ & 5’) Site Context and Details The site contains 25 protected trees with most of these being located on the east side of the lot Proposed Plan & Need for Variance The applicant is planning to build a single-family home on the lot in the near future 7.5’7.5’ RS-1 Required Side Setbacks:Proposed Side Setbacks: 5’10’ New house New house Proposed Plan & Need for Variance The request to reduce the side yard setbacks is to save trees from being removed. Applicant believes that 3 oak trees and 3 palm trees can be saved with the requested setback reduction 9”, 12”, 13” diameter Oak trees & 15”, 15”, 18” diameter Palm trees Considerations The lot is 50’ wide by 100’ deep Neighboring homes to west and east Protected trees must be mitigated if removed Oak trees that may be saved will be close to the foundation of the new home The Community Development Board may place conditions on the variance, if approved. i.e. Certain trees must be preserved and survive construction and for x number of years Opposite side yard setback on east side must be at least 10 feet Grounds for Decision APPROVAL-existence of one or more of the following (Section 24-64 (c)DENIAL- 1.Exceptional topographic conditions of or near the property. 2.Surrounding conditions or circumstances impacting the property disparately from nearby properties. 3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 4.Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The CDB may consider a denial upon finding that none of the requirements in 24-65 (c) exist. Names: Ray L. & Bridget M. Seckinger Address: 275 14th Street Atlantic Beach, FL Zone: RS-1 Property: LOT 1 BLOCK 6 Adjacent to LOT 2 BLOCK 6 (Setback Variance Application) Applicant is requesting a variance to reduce the current RS-1 zoning setback requirement adjacent to our home from 7.5 feet to 5 Feet. We request the Atlantic Beach Community Development Board deny this request for the following reasons: ➢ Does not meet the stated reason under Section 24-64(d)(2) of the COAB Municipal Code. ➢ Material adverse impacts to us under Section 24-64(c), (1), (3), (4), & (7). ➢ Violation of Section 24-83(c) – Mechanical Equipment. ➢ The noncommittal verbiage used in the applicant’s variance request and Tree Mitigation Worksheet to save the trees already approved for removal in their Tree Removal Permit to meet the 7.5-foot setback requirement. ➢ Reduction of ground saturation area between LOTS 1 & 2 to handle stormwater runoff. See below for further explanation of the above: • The Variance Application as well as the Community Development Board Staff Report provides six distinct grounds for the approval of a variance. The applicant (FaverGray Homes) requested the variance under Section 24-64(d)(2): “Surrounding conditions or circumstances impacting the property disparately from nearby properties”. Our contention is that this stated reason does not meet the code requirement. Practically all undeveloped Lots in Atlantic Beach have trees that must be removed prior to construction. This Lot is a regular shape, with a level grade and normal drainage and there is nothing about it that would make it essentially different (disparate) from surrounding properties. As stated in the Staff Report; “The applicant has already received an approved tree removal permit in preparation of the new house.” The approved tree removal permit was based on the code requirement of 7.5-foot setbacks on either side. To now claim that the circumstances impacting the property disparately (essentially different/dissimilarly) from nearby properties is not accurate. If this were the case, the applicant would have filed for the variance prior to the tree removal permit, not after the permit was granted. (Note: The Staff Report indicated Section 24-65(c), which we believe is inaccurate as it should have been Section 24-64(d)). ▪ COAB Section 24-64 – Variances Paragraph (c) Grounds for denial of a Variance states that No variance shall be granted if the community development board, in its discretion, determines that the granting of the requested variance shall have a material adverse impact upon one (1) or more of the following. We believe there are 4 reasons under this section to deny the request; (1), (3), (4), and (7). (1) “Light and air to adjacent properties - Moving the setback to 2.5 feet closer to our house would negatively impact the amount of Light and Air. Any house built closer to another would obviously block out more light and air. Because of the location of the house being built (to the East of our house), it would block out all morning light. With the 35-foot height restriction afforded by the code, the house being constructed will be much higher than our house which is only 24 feet high. The amount of light and air of any tall structure constructed to the east of our house would automatically reduce the amount of light and air, but allowing the house to move 2.5 feet closer, especially one much taller than our house, will further exacerbate the problem. (3) “Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.” The closer houses are built to each other, the higher the likelihood that if one catches fire the other would be in greater jeopardy. (4) “Established property values.” LOT 1, where our house is located, is at the corner of East Coast Drive and 14th Street. Due to its location, we are required by code to have large setbacks on 3 sides; Front, Back, and adjacent to East Coast Drive. Our side yard setback is 7.5 feet on the east side. Allowing the applicant to shift their construction to 5 feet (2.5 feet closer to the property line between our Lots) will negatively impact the future property value. Any reasonable buyer would consider the location of adjoining properties and their structures when deciding to purchase the property, especially considering the already required 3 large setback areas of our corner Lot as noted above. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner. The applicant is already building on a small lot (5000 square feet). It should be apparent that what the applicant is attempting to do is to maximize the appearance of this small lot by shifting the construction 2.5 feet to the west, thereby giving the appearance of a larger lot by having 10 feet of setback on the East (Beach) side. This is being done primarily for personal convenience i.e., to make the sale of the property more enticing. • Sec. 24-83. - Required yards and permitted projections into required yards. (c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors, or similar equipment that makes excessive noise, shall not be located closer than five (5) feet from any lot line where such equipment will be located adjacent to the interior living area of an existing residence. The applicant’s submitted 10-foot Survey (Enclosure 2) indicating the location of two A/C units will be in direct violation of this code requirement. If the setback is reduced to 5 feet along the border between LOT 2 and LOT 1 then the indicated two A/C units will, without a doubt, violate this code requirement as they will be adjacent to an existing residence interior living area and well inside this 5-foot requirement. Keeping the required 7.5-foot setback code requirement will alleviate this violation. • The Community Development Board should also take note of the vague, noncommittal language used in the applicants variance request: Page 1 - PROVISION FROM WHICH VARIANCE IS REQUESTED Trying to mitigate demolition of existing trees. Page 2, #2 The hope, is to reduce the need to remove trees… & We feel shifting the proposed building could save some of the trees. Nowhere in the application for this variance does it state with certainty that any of the trees in the already approved tree demolition permit WILL not be removed or saved! Additionally, even the Staff Report provides the Community Development Board this same noncommittal verbiage i.e., “The applicant estimates” and the applicant is requesting this variance as he believes” , etc. • Mr. Brian Broedell, Principal Planner, who prepared the Community Development Board Staff report, requested via e-mail the following from the applicant “Can you tell me which trees you will save for the lot on 14th Street?” Note: This request used the word will, not words such as possibly save, likely save, might save, etc. The response to this email did not come back with a firm commitment (i.e., will) save trees as requested from Mr. Broedell, but again used noncommittal verbiage i.e., “could help save”. The applicant did list the trees that could be saved (Exhibit C, Enclosure 3); however, it should be noted that since they have already been previously APPROVED to remove all of those trees to meet the 7.5 foot setback requirement on which the removal permit was based, they are not required to save any of them. The Community Development Board should take this seriously under consideration and is another reason why this variance should be denied. • The applicants 7.5-foot and 10-foot surveys on the Variance application (Enclosure 1 & 2), as well as Exhibit C: Tree mitigation Worksheet (Enclosure 3), provided in the response to Mr. Broedell’s e-mail, are extremely deceiving as they suggest to the Community Development Board that the Oak trees on the south-east corner (14 & 16 on Exhibit C) grow straight up and would not have to be removed. This is not the case. (See Enclosures 1, 2 & 3). * The Laurel Oak (14) on the south end grows up at an approximate 30-degree angle from the ground to its full height stretching to approximately 15 feet past the one palm tree in the center of the south end of the property. The top of this tree stretches to within 8 feet of the Queen Palm (J) tree on the south west corner of the property. * The Live Oak (16) grows from the ground at a 30-degree angle to 11 feet above the ground and then curves sharply another 60 degrees to become parallel to the ground. The top branches of this tree grow to within approximately 3 feet of the Queen Palm tree (J) on the South West side. (See Enclosure 4 and Enclosure 5) - Obviously – BOTH of these Oak trees will have to be removed for the proposed home construction. * The applicant also identified the Laurel Oak (13) on Enclosure (3) as one that “could be saved”. We believe that due to how this tree grows, (leans slightly inwards toward the Lot center with all of its branches hanging over the middle of the Lot) (Enclosure 6) and the fact that it will hit against the side of the proposed construction especially during heavy winds, this Laurel Oak (already approved for removal) will also not be savable. • Stormwater runoff is also an issue that the Community Development Board should consider. The location of the city’s drainage system is located on either side of 14th street where it intersects with East Coast Drive (See Enclosure 7). The next closest drain is located on Ocean Blvd over a block away. When there is a heavy rain, the last 2-3 feet of pavers from our front door to 14th street are underwater as the stormwater drains towards the drain lines at the end of 14th Street. During Northeasters or Hurricanes, the water can’t drain quickly enough. Not only are the last 2-3 feet of our pavers covered with water, but a small pond is created at the SW corner of LOT 1 at the intersection of 14th Street and East Coast as the water can’t drain underneath the road quickly enough. Reducing the setback from 7.5 feet to 5 feet on the west side will reduce the amount of possible ground saturation area by approximately 147.5 square feet on the west side of LOT 2. We Respectfully Request the COAB Community Development Board to deny the applicants variance request because of the reasons explained above and again listed below. ➢ The stated reason in the applicants Variance Application Does not meet the stated reason under Section 24-64(d)(2) of the COAB Municipal Code i.e., surrounding conditions or circumstances do not impact the property disparately (essentially different/dissimilarly) from nearby properties. ➢ Material adverse impacts to us under Section 24-64(c),(1), (3), (4), & (7). The COAB municipal code indicates that only 1 is required for the Board to deny the variance request. ➢ Violation of Section 24-83(c) – Mechanical Equipment. The location of the proposed A/C units will be well inside the 5-foot minimum requirement. The 7.5-foot setback code requirement alleviates this problem. ➢ The noncommittal verbiage used in the applicant’s variance request and Tree Mitigation Worksheet to save trees already approved for removal in their Tree Removal Permit to meet the 7.5-foot setback requirement i.e., there is no firm commitment to actually save any of the trees already approved for removal. ➢ Reduction of ground saturation area between LOTS 1 & 2 to handle stormwater runoff. Enclosure (3) Enclosure (4) Enclosure (5) Enclosure (6) (Note: This picture is taken on the North side of the tree trunk and branches displayed in Enclosure 5) Enclosure (7) PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the identified governing body or bodies in Commission Chambers located at 800 Seminole Road on the provided date and time. PROJECT Property Location Map Item No: ZVAR20-0011 Address: 0 14th Street Applicant: Adam Gray PUBLIC HEARING(S) Body: Community Development Board Date July 21, 2020 Time: 6:00 PM Request: Request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street). Summary: In an attempt to preserve trees, the applicant is requesting a variance from the required side yard setbacks. The lot is zoned RS-1, which requires side yard setbacks of 7.5 feet on each side. The applicant is requesting a variance to build a new single family home located 10 feet from the east lot line and 5 feet from the west lot line in order to preserve trees. The variance request is to reduce the side yard setback from 7.5 feet to 5 feet. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. Interested parties may appear at the public hearing and be heard regarding the item(s). If you plan on appearing and have written comments and/or pictures, please email everything 24 hours prior to the hearing. If you are not able to attend the hearing, you can email your written comments to aaskew@coab.us 24 hours prior to the hearing. The following measures will be taken to create a clean meeting environment and ensure social distancing: 1. Commission chambers will be cleaned and sanitized prior to the meeting. 2. Hand sanitizer will be available outside of chambers. 3. We ask that only people associated with each case come in when their case is called. 4. Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be called. There is an outside speaker in the breezeway that will amplify the sound from chambers. 5. Audience chairs will be spaced 6 feet apart. 6. Masks will be required during the meeting. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.